Luis Rodriguez v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2022)

Luis Rodriguez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine he received on May 16, 2018. The respondent conceded that Mr.

Rodriguez is entitled to compensation, agreeing that his injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. The respondent noted that Mr.

Rodriguez had no prior history of shoulder issues, his pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also confirmed that the statutory six-month sequela requirement was satisfied.

Based on the concession and the evidence, the court found Mr. Rodriguez entitled to compensation.

Subsequently, the parties reached a proffer on the award of compensation. The court awarded Mr.

Rodriguez $62,500.00 for pain and suffering and an additional $1,300.85 to satisfy a Commonwealth of Massachusetts Medicaid lien, for a total award of $63,801.85.